Nicole Loza, et al. v. Hobby Lobby Stores, Inc.

CourtDistrict Court, N.D. California
DecidedJune 24, 2026
Docket3:24-cv-07861
StatusUnknown

This text of Nicole Loza, et al. v. Hobby Lobby Stores, Inc. (Nicole Loza, et al. v. Hobby Lobby Stores, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nicole Loza, et al. v. Hobby Lobby Stores, Inc., (N.D. Cal. 2026).

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NICOLE LOZA, et al., Case No. 24-cv-07861-AMO

8 Plaintiffs, ORDER GRANTING MOTION TO 9 v. COMPEL ARBITRATION

10 HOBBY LOBBY STORES, INC., Re: Dkt. No. 45 Defendant. 11

12 This is a putative false advertising class action. Before the Court is Defendant Hobby 13 Lobby Stores, Inc.’s motion to compel arbitration. Having read the parties’ papers and carefully 14 considered their arguments therein, as well as the relevant legal authority, and good cause 15 appearing, the Court SEVERS the forum selection clause and GRANTS the motion for the 16 following reasons. 17 BACKGROUND 18 Plaintiff Kymorea Johnson is one of five named plaintiffs in this action. Hobby Lobby 19 moves to compel to arbitration only Johnson’s claims stemming from her online purchase. Dkt. 20 No. 45 at 8. Johnson alleges that Hobby Lobby’s advertising is deceptive because its retail stores 21 and www.hobbylobby.com (“the Site”) advertise discounts or sale prices for certain products, 22 when the challenged products are always sold at the allegedly discounted price or are on sale so 23 frequently that the sale price is effectively market price. Second Amended Complaint, Dkt. No. 24 44 ¶¶ 40-48 (“SAC”). 25 Johnson made online purchases from the Site on November 8, 2023. Dkt. No. 44 ¶¶ 143, 26 146, 149; Declaration of Jennifer Ogle, Dkt. No. 45-1 (“Ogle Decl.”) ¶ 5. Johnson completed her 27 purchases using the Site’s “Secure Checkout” process. Ogle Decl. ¶ 7. To complete the Secure 1 bright blue hyperlink to Hobby Lobby’s then-current Terms and Conditions. /d. J 8. The 2 || checkout screen stated “[b]y placing your order, you agree to Hobby Lobby’s Privacy Policy and 3 Terms and Conditions.” Jd. The notice was located below the “Place Order” button, which had to 4 || be pressed to complete a purchase. /d. The Terms and Conditions were hyperlinked, and clicking 5 on them took users to a page containing the then-current Terms and Conditions. /d. 49. Johnson 6 || was presented with the notice and clicked the “Place Order” button to complete her online 7 || purchase. Jd. ¥ 10. 8 9 REVIEW YOUR ORDER

10 Your order has not yet been placed. Verify your shipping address is correct and confirm below to place your order 11 Need help? Contact Us and be cure to reterence your cart number: 51/40009 a 12

ssh esta eit pn tes tA Bass: Badin Pails: viel “Tenertacaisied Cceseaiitbewees 3 15 By placing your order, you agree to Hobby Lobby's Povacy Policy and Terms and Conditions 16 5 17 On November 8, 2023, when Johnson made her online purchase, the Terms and Conditions

18 hyperlink included both Hobby Lobby’s Terms of Use and Terms of Sale. Ogle Decl., Ex. 1. The 19 first section of the Terms of Sale read in bold, all caps, “PLEASE READ THE TERMS OF USE 29 || CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS 1 AND OBLIGATIONS, INCLUDING A REQUIREMENT THAT DISPUTES BETWEEN 97 || YOU AND HOBBY LOBBY BE RESOLVED THROUGH ARBITRATION ON AN 93 || INDIVIDUAL BASIS.” Td. 24 Your purchase of Items through the Site is also subject to the HobbyLobby.com Terms of Use and Hobby 5 Lobby Privacy Policy, both of which are incorporated in their entirety into these Terms by this reference. In the event of a conflict between the Terms of Use and these Terms, these Terms shall prevail. PLEASE 26 READ THE TERMS OF USE CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING A REQUIREMENT THAT DISPUTES BETWEEN YOU AND HOBBY LOBBY 27 BE RESOLVED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS. 28 The Terms of Use contained a paragraph requiring the parties to arbitrate certain disputes

] Id. This paragraph appeared in larger font than the surrounding text. /d. The paragraph stated 2 || “You and Hobby Lobby agree that all claims, legal proceedings or litigation arising in connection 3 || with the Site will be brought solely before an arbitrator in Oklahoma County, Oklahoma and 4 || hereby irrevocably submit to, and waive any objection to arbitration.” 18. Governing Law and Dispute Resolution 7 8 9 These Terms shall be governed by and interpreted in accordance with the laws of Oklahoma, without regard to its principles regarding conflicts of 10 law or your state or country of residence. You and Hobby Lobby agree that all claims, legal proceedings or litigation arising in connection with the Site will be brought solely before an arbitrator in Oklahoma County, 2 Oklahoma and hereby irrevocably submit to, and waive any objection to arbitration. 13 i LEGAL STANDARD 2 15 The Federal Arbitration Act (“FAA”) provides arbitration agreements “shall be valid, 16 || irrevocable, and enforceable, save upon such grounds as exist at law or in equity for revocation of

17 any contract.” 9 U.S.C. § 2. “[A]rbitration agreements [are] on an equal footing with other

2 18 contracts,” and therefore, a court must “enforce them according to their terms.” Rent-A-Center, 19 West, Inc. v. Jackson, 561 U.S. 63, 67 (2010) (internal citations omitted). In adjudicating a motion 20 |) to compel arbitration, “a court’s inquiry is limited to two ‘gateway’ issues: ‘(1) whether a valid 21 agreement to arbitrate exists and, if it does, (2) whether the agreement encompasses the dispute at 22 || issue.’ ” Lim v. TForce Logistics, LLC, 8 F-Ath 992, 999 (9th Cir. 2021) (quoting Chiron Corp. v. 23 || Ortho Diagnostic Sys., Inc., 207 F.3d 1126, 1130 (9th Cir. 2000)). Further, the court applies a 24 summary judgment standard to resolve the motion. Hansen v. LMB Mortg. Servs., Inc., 1 F.4th 25 667, 670 (9th Cir. 2021). To prevail under this standard, Hobby Lobby must show there is no 26 genuine issue of fact as to the formation of an agreement to arbitrate between Johnson and Hobby 27 || Lobby. See id. 28

1 DISCUSSION 2 The instant motion presents three issues. First, whether a valid agreement to arbitrate 3 existed between Johnson and Hobby Lobby. Second, whether the agreement is unconscionable. 4 And third, whether the instant dispute is within the scope of the arbitration agreement. The Court 5 addresses each in turn. 6 I. CONTRACT FORMATION 7 “In determining whether the parties have agreed to arbitrate a particular dispute, federal 8 courts apply state-law principles of contract formation.” Berman v. Freedom Fin. Network, LLC, 9 30 F.4th 849, 855 (9th Cir. 2022). Here, the parties do not dispute California law applies. Under 10 California law, a contract is formed when the parties “manifest their mutual assent to the terms of 11 the agreement,” which can be done through written or spoken word as well as 12 conduct. Id. “These elemental principles of contract formation apply with equal force to contracts 13 formed online. Thus, if a website offers contractual terms to those who use the site, and a user 14 engages in conduct that manifests her acceptance of those terms, an enforceable agreement can be 15 formed.” Id. at 855-56. 16 “In California, internet contracts are classified ‘by the way in which the user purportedly 17 gives their assent to be bound by the associated terms: browsewraps, clickwraps, scrollwraps, and 18 sign-in wraps.’ ” Keebaugh v. Warner Bros. Ent. Inc., 100 F.4th 1005, 1014 (9th Cir. 2024) 19 (citing Sellers v. JustAnswer LLC, 73 Cal. App. 5th 444, 463 (2021)).

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Nicole Loza, et al. v. Hobby Lobby Stores, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicole-loza-et-al-v-hobby-lobby-stores-inc-cand-2026.